Reform of judicial discipline system to be mooted

Changes would make judges more accountable and subject to compulsory training

News, 9 December 2005

A Scottish Executive paper is to propose compulsory training for judges in place of the present voluntary system, as well as statutory reprimand measures, it is reported today.

At present the sheriff principal has implied powers of discipline over sheriffs in his jurisdiction for less serious measures, while sheriffs can be removed from office if found to be unfit for office because of inability, neglect of duty or misbehaviour under the Sheriff Courts (Scotland) Act 1971. This requires an investigation by the Lord President and Lord Justice Clerk.

However, it is believed that a new consultation paper due out later this month will seek to formalise the current structure by having a record kept of any warnings. Repeated behaviour would result in a referral to the Lord President, who would have a similar role to the Lord Chief Justice in England and Wales.

Only two sheriffs have been removed from office under the present procedures, though a third, Sheriff Hugh Neilson, resigned earlier this year while an investigation was underway.

The consultation is also likely to pose the question whether a system of appraisal for judges should be introduced. A similar proposal has been mooted in England and Wales, though judges are understood to be concerned that it would undermine their independence.

The Executive's objective with the reforms is to make the judicial system fairer and more transparent.